NOTICE OF PREPARATION OFA PARTIALLY REVISED, RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT AND PUBLIC SCOPING MEETING FOR THE FRIANT RANCH PROJECT

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1 County of Fresno DEPARTMENT OF PUBLIC WORKS AND PLANNING NOTICE OF PREPARATION OFA PARTIALLY REVISED, RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT AND PUBLIC SCOPING MEETING FOR THE FRIANT RANCH PROJECT TO: FROM: SUBJECT: Responsible and Trustee Agencies, involved Federal Agencies and interested members of the public County of Fresno, Department of Public Works and Planning Development Services Division 2220 Tulare Street, Sixth Floor Fresno, CA Notice of Preparation of a Partially Revised, Recirculated Draft Environmental Impact Report for the Friant Ranch Project Date: October 3, 2014 Action: The County of Fresno (County) will be the Lead Agency pursuant to the requirements of the California Environmental Quality Act (CEQA), and will be responsible for preparation of the partially revised, Recirculated Environmental Impact Report (Recirculated EIR) preparation, pursuant to CEQA and the CEQA Guidelines. The Recirculated EIR will address deficiencies in the Air Quality Section, as well as proposed changes to the agreement securing long-term water supply in dry year conditions as described in the original Final EIR (FEIR), adopted by Fresno County on February 11, 2011 (SCH # ). Project Title: Project Applicant: Friant Ranch Project (Project) Friant Ranch, a Limited Partnership Project Location: The project is located approximately five miles north of the Fresno city limits and 21 miles east of the city of Madera, within the Friant Community Plan Area and the Friant Ranch Specific Plan Area (see Figure below). The Friant Community Plan Area, including the Friant Depot Parcel, is bounded by the San Joaquin River and Madera County to the west, Friant Dam and Millerton Lake to the north, and the Friant-Kern Canal to the east. The Friant Ranch Specific Plan Area is bounded by residential single-family homes to the north, Friant Road to the west and vacant open space to the south and east. The Friant Ranch Specific Plan Area is bordered to the east by the Friant-Kern Canal, which runs north to south through the Project site. Project Summary: In February 2011, the County of Fresno approved the Friant Ranch Project (Project), a master planned community incorporating age-restricted (ages 55+) and non-age restricted single-family and multi-family residential units, a commercial village center, a recreation center, trails, open spaces, parks and parkways located in Friant, California in Fresno County. The Fresno County Board of Supervisors approvals included certification of the Final EIR (FEIR) as complete and in compliance with CEQA; approval of the Friant Ranch Project: Alternative 3 - Northeast Development Configuration (2,500 units as described in the FEIR), General Plan Amendment No 511, the Friant Community Plan Update, the Friant Ranch Specific Plan, and 1

2 Friant Ranch Project EIR No the amendment to Zoning Text Amendment (AT) No. 363 and Amendment Application (Rezoning) No. 3751; adoption of Mitigation Measures and the Mitigation Monitoring and Reporting Plan; and adoption of Findings of Fact and a Statement of Overriding Conditions. The Final EIR was subsequently challenged. The California Court of Appeal (Court) ruled that the FEIR was inadequate because 1) it failed to include an analysis that specifically correlated the Project's emission of air pollutants to its impact on human health; and 2) Mitigation Measure for the Project's long term operational emissions was vague, unenforceable and lacked specific performance standards, and thus did not adequately demonstrate that air quality impacts would be substantially reduced. The Court thus ordered that the FEIR be de-certified and the Project approvals be set aside. The Court ordered that the County prepare a revised EIR that, 1) analyzes the adverse human health impacts that are likely to result from the air quality impacts identified in the EIR; 2) addresses the deficiencies concerning vagueness, enforceability and lack of specific performance standards in Mitigation Measure 3.3.2; and 3) addresses the issues related to the statement the Mitigation Measure will substantially reduce air quality impacts. Pursuant to the Court's order, the County is preparing a partially revised Recirculated DEIR that will address the issues identified in the Court's ruling. Although not connected to the Court's ruling, the Recirculated DEIR also will address proposed changes to the agreement securing the Project's long-term water supply. These changes have been proposed to address new information regarding water supply during dry year conditions, and the availability of Class I water by the U.S. Bureau of Reclamation (USBR) to its Central Valley Project (CVP) contractors. The certified FEIR determined the Project has a secure long-term water supply based on a 2008 Water Supply Assessment and a proposed water supply agreement between County Waterworks District 18 (WWD18), Friant Ranch and Lower Tule River Irrigation District (LTRID) (Water Transfer Agreement). The Water Transfer Agreement, which was signed subsequent to the FEIR certification by WWD18, Friant Ranch and LTRID and consented to by the USBR in 2014, secures up to 2,000 acre feet (AF) per year of water for the Project. Specifically, the Water Transfer Agreement provides that water sufficient to meet the Project's needs will be provided through an existing contract with the USBR for 150 AF of CVP Friant Division Class I water and a transfer of 2,000 AF of CVP Friant Division Class 1 water from LTRID to WWD18. In response to changed circumstances since the certification of the FEIR, LTRID and WWD18 have agreed in principle to modify the Water Transfer Agreement to provide greater water supply assurance during dry year periods, including the conditions resulting from zero allocation of Class 1 water. Specifically, the amendments would provide for a more secure water supply for Friant Ranch by using LTRID's ability to "carry over" Class 1 water in Millerton Lake from one year to the next in order to assure that WWD18 has a water supply to serve Friant Ranch independent of the USBR Class 1 allocation to LTRID during dry year periods. In order to comply with the Court's ruling and address new information present in connection with the Friant Ranch water supply, the County will prepare a partially revised Recirculated Draft EIR, based on the unit counts, density and acreage approved in 2011, to address the above-described issues pursuant to CEQA Guidelines Scope of Recirculated Draft EIR Air Quality: The Recirculated Draft EIR will include both further analyses of potential air quality impacts and how they may be correlated to human health, and revisions of air quality mitigation measures as related to the approved, planned commercial/retail and residential community development within the Friant Ranch Specific Plan area pursuant to CEQA Guidelines (f)(2). 2

3 Friant Ranch Project EIR No Water Supply: The Recirculated Draft EIR will consider potential impacts to water supply, including those impacts related to the proposed "carry over" of water from LTRID, the use of pre-1914 water rights to "free up" Class I water, and USBR provisions for emergency water allocation for municipal and irrigation {M&I} water users. A revised water supply analysis will include an assessment of whether the projected water supplies available during normal, single dry, and multiple dry water years will meet the 20-year projected demand associated with the Project. Written Comments: As required by Section and CEQA Guidelines, this Notice of Preparation ("NOP"} has been prepared and distributed to solicit comments from potential Responsible and Trustee Agencies and other public agencies and interested parties. The NOP provides the opportunity to comment on Project-related concerns relevant to each agency's statutory responsibilities in connection with the Air Quality and Utilities and Service Systems {Water Supply only} Sections (Sections 3.3, 3.14, and } of the Recirculated EIR, as well as from interested parties other than potential Responsible and Trustee Agencies, including other agencies and affected members of the public. The Recirculated EIR will be the environmental document of reference for Responsible and Trustee Agencies when considering subsequent discretionary approvals. The County's intent is to address only those issues required to be addressed, and to recirculate only the required revisions. The County requests that any potential Responsible or Trustee Agencies responding to this NOP reply in a manner consistent with Section 15082{b} of the CEQA Guidelines, which allows for submittal of any comments in response to this notice no later than 30 days after receipt of the NOP. The County respectfully requests that any comments be limited to the issue areas and scope of potential revisions described herein above. Comments in response to this NOP will be accepted through 5:00 p.m., November 3, Written comments should be addressed as noted below. Please send your written comments to: Attn: Briza Sholars, Planner Ill Fresno County Department of Public Works and Planning Development Services Division 2220 Tulare Street, Sixth Floor Fresno, CA Phone: (559) Fax: (559) bsholars@co.fresno.ca.us Please reference EIR No. 5481, Friant Ranch Project. Please include your name, address, and phone number and/or address so that we may contact you for clarification, if necessary. The original FEIR and Administrative Record is available at the following locations: Fresno County Public Works and Planning Department, 2220 Tulare Street, Fresno, CA Fresno County website: The Applicant's expanded Project Description is also available at these locations. 3

4 Friant Ranch Project EIR No Public Scoping Meeting: The CEQA process encourages comments and questions from the public throughout the planning process. Consistent with the California Public Resources Code and Section 15082{c)(1), {2)(A) to (D) of the CEQA Guidelines, a Public Scoping Meeting will be held to solicit public and agency comments on the scope and content of the Draft EIR (DEIR). Oral and/or written comments also may be presented at the Public Scoping Meeting. However, oral comments are not transcribed, so that written comments are appreciated. The Public Scoping Meeting will be held: Date: Time: Place: Wednesday, October 15, :30 p.m. to 7:00 p.m. Friant Depot Conference Room at North Friant Road, Suite B, Friant, CA 9362 Meeting Location Map on next page. Signature: Date: Mlllerron Lake Fresno County Legend I : Friant Ranch Specific Plan c::::j City Limits c::j Friant Community Plan 0 4

5 17836 N. FRIANT RD. LOCATION MAP 9 tf cp 4. o OCJ (<;C:J '< dtl 'l\\'f o.'v o,c,,( ;G.... / / n;, I ':];' 'r;f -b / GG_ >u 0.A "$- r--0 Tv ;; # t1} 11-1 'riant "" ' _) ((- 9: ' ti-4g1v, i If./?.,'!; ffe / cfr I +MAR8lJS- '(t_ - I $-L eonverse- a::: LU :::::> (.!) co co L N. Friant Rd, Friant, CA Friant Depot Station (next to Pizza Factory) <:'... w " >a c ---s1:1:cfft:r L0S-T-L-AKE --ffm N & W E s w w '; Miles Prepared by: County of F,:resno Department of Public Works and Planning JCH1111